Facts
[S.] was the managing director of [G. AG], a company active in the wine trade. From the summer of 1976 to the end of 1981, he repeatedly procured wine not directly for [G. AG] but on the account of the V. SA, which he controlled, and then invoiced the deliveries to his employer company at an increased price.
On June 8, 1989, the Economic Crimes Court of the Canton of Bern found [S.] guilty of continued qualified breach of trust in business management pursuant to Art. 159 para. 2 of the Swiss Criminal Code and sentenced him to 18 months' imprisonment, suspended, with a probationary period of two years, and a fine of CHF 5,000. It upheld the civil claim filed by [G. AG] on a subsidiary basis and referred the calculation of the amount owed to the civil court.
Considerations
The appellant does not contest the assessment of his conduct as qualified breach of trust in business management under Art. 159 para. 2 of the Swiss Criminal Code. However, he argues that the criminal acts imputed to him are largely time-barred.
The Federal Supreme Court denies the statute of limitations for all the criminal acts committed by the appellant. It states that the various criminal acts are to be considered as a single unit under Art. 71 para. 2 of the Swiss Criminal Code if they are of the…